PLEASE READ THIS AGREEMENT AND INDICATE YOUR ACCEPTANCE BY CLICKING THE "ACCEPT/AGREE" BUTTON AT THE BOTTOM OF THIS WEB PAGE. ACCEPTANCE OF THIS AGREEMENT MEANS YOU ARE LEGALLY BOUND BY THE PROVISIONS CONTAINED BELOW AND ANY NOTICED AMENDMENTS THERETO AFTER THIS DATE. USE OF THIS WEB SITE FOLLOWING ANY SUCH AMENDMENT SHALL CONSTITUTE YOUR ACCEPTANCE THERETO.
This "Agreement" is between you, the subscriber ("Subscriber'") and LOAN RESOLUTION CORPORATION ("LRC"'). LRC agrees to provide Subscriber access to the LRC Agent Network. Subscriber agrees to pay the annual Subscription Fee to LRC according to the provisions of this Agreement and to adhere and abide by the terms and conditions set forth herein.
2. Annual Subscriber Fee; Term of Use and Payment.
Subscriber is required to pay an annual recurring fee for access and use of the LRC Agent Network, and such access and use is subject to this Agreement as set forth herein and as same is amended from time to time. The length of the subscription is for one (1) year and such fee will be charged to the credit card provided to LRC by the Subscriber unless an applicable promotional code applies. Furthermore, Subscriber agrees and acknowledges that the Subscriber Fee is non-refundable.
3. Rules of Conduct and Subscriber Information.
LRC requires a strict adherence to its policies on use of the LRC Agent Network and the content that any Subscriber post to same. Further Subscriber will be required to provide LRC with certain professional and personal information during the registration process and the accuracy of same is a material condition to Subscriber's access to and use of the LRC Agent Network.
4. Copyright and Restriction On Use.
All materials and content on the LRC Agent Network, including, but not limited to, the LRC Online Training Program, images, illustrations, text, audio clips, and video clips, are protected by and/or consist of copyrights, trademarks, service marks, and/or other intellectual property rights (collectively "Intellectual Property"), is presently and shall at times hereafter by owned exclusively by LRC. The Intellectual Property is governed and protected for LRC's sole benefit by United States and worldwide copyright, trademark, and/or other intellectual property laws and treaty provisions, privacy and publicity laws, and communications regulations and statutes. The Intellectual Property is provided solely for Subscriber's use solely in connection with LRC Online Training and LRC Listing. Subscriber agrees to abide by all additional copyright notices, information, or restrictions contained in any material or content posted on LRC's website. Subscriber may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit any Intellectual Property, including the Loan Resolution Online Training, in any way (including by e-mail or other electronic means) without LRC's prior written consent. Modification of any Intellectual Property, or use of any Intellectual Property for any other purpose other than as explicitly provided in this Agreement, is a violation of LRC's copyrights, trademark rights, and other proprietary rights.
5. No Guarantee of Listings.
Subscriber agrees that even upon completion of all training and certification that there is no guarantee of receiving properties to list for sale.
LRC shall not undertake to resolve any disputes or litigation on Subscriber's behalf involving use of the services described herein, and Subscriber agrees that it shall indemnify, hold LRC harmless and defend LRC against any claims arising out of this Agreement.
7. Disclaimers and Limitation of Liability.
THE LRC NETWORK, LRC ONLINE TRAINING, LRC LISTING, LRC'S COMPUTER PROGRAMS AND/OR LRC'S WEBSITE SERVICES ARE PROVIDED ``AS IS'', WITHOUT WARRANTY OF ANY KIND TO SUBSCRIBER OR ANY THIRD PARTY, WITH THIS DISCLAIMER INCLUDING, BUT NOT LIMITED TO, LRC DISCLAIMING ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR SUBSCRIBER'S PURPOSE OR SYSTEM COMPATIBILITY; ACCURACY OF INFORMATIONAL CONTENT; NON-INFRINGEMENT; QUIET ENJOYMENT; AND TITLE. SUBSCRIBER AGREES THAT ANY EFFORTS BY LRC TO MODIFY ITS GOODS OR SERVICES SHALL NOT BE DEEMED A WAIVER OF THESE DISCLAIMERS. SUBCRIBER FURTHER AGREES THAT USE OF THE LRC NETWORK, LRC ONLINE TRAINING, LRC LISTING, LRC'S COMPUTER PROGRAMS AND/OR WEBSITE IS AT SUBSCRIBER'S SOLE RISK, AND THAT SUBSCRIBER ASSUMES THE ENTIRE COSTS OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF SUBSCRIBER'S OWN COMPUTER AND/OR SYSTEMS. SUBSCRIBER FURTHER AGREES THAT LRC SHALL NOT BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF LRC WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT. ADDITIONALLY, IN NO EVENT WILL LRC'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE AMOUNTS PAID BY SUBSCRIBER TO LRC DURING THE TWELVE MONTH PERIOD PRECEDING THE EVENT FORMING THE BASIS OF THE CLAIM. SUBSCRIBER ACKNOWLEDGES THAT THE TERMS PROVIDED IN THIS PARAGRAPH ARE SUPPORTED BY VALUABLE CONSIDERATION BECAUSE LRC WOULD BE UNWILLING TO ENTER INTO A BUSINESS RELATIONSHIP WITH SUBSCRIBER WITHOUT SUBSCRIBER AGREEING TO BE LEGALLY BOUND TO SUCH TERMS.
8. Choice of Law, Severability & Arbitration.
The laws of the State of Arizona will govern this Agreement. If any provisions of the Agreement will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provisions of this Agreement is invalid or unenforceable, but that by limiting such provisions it would become valid and enforceable, then such provisions will be deemed to be written, construed, and enforced as so limited. Any controversies arising out of the terms of this Agreement or its interpretation, or otherwise between LRC and Subscriber regardless of their reason, shall be exclusively litigated in Maricopa County, Arizona. Monetary claims shall be exclusively litigated by means of private binding arbitration by and in accordance with the rules of the American Arbitration Association, and judgment upon any award issued by said Association may be confirmed, domesticated or entered in any court having jurisdiction thereof. The prevailing party in arbitration, or in conjunction with any lawsuit requesting injunctive or other equitable relief, again, all of which must litigated exclusively in Maricopa County, Arizona, shall be entitled to recover all their incurred litigation related expenses of whatsoever kind, including without limitation, arbitration, expert witness and attorney's fees. The parties to this Agreement, if embroiled in a lawsuit requesting injunctive or other equitable relief, waive their right to a jury trial. Further, the prevailing party in any action to compel arbitration and/or confirm, domesticate or enter an arbitration award shall be entitled to collect their taxable costs and attorney's fees incurred while compelling arbitration and/or domesticating or entering an award.
9. No Agency.
Subscriber is not authorized to serve as LRC's agent. Nothing contained in this Agreement nor the subsequent dealings between LRC and Subscriber shall vest Subscriber with authority to bind LRC to any undertakings with and/or obligations to any third parties.
LRC reserves the right to refuse service to anyone, and to terminate this Agreement, including all services provided to Subscriber, without cause.
11. Entire Agreement.
12. Miscellaneous Provisions.
Subscriber agrees and consents to the standard provisions of this Agreement regarding the interpretation and enforcement hereof and the authority of Subscriber to enter and perform same.